If my husband is murdered at work can I collect Iowa workers' compensation?

When is being murdered compensable as a workers' compensation injury?

Believe it or not being murdered can be the basis for a workers compensation claim. If the person murdered is an employee of the company and the motive for murder isn't personal to the victim then it is a compensable claim.

The recent murder in the men's restroom at an I-80 rest area had me considering the possibilities for spouses of murder victims. There are several and one in particular is a workers' compensation claim under Iowa law. The man murdered was there to maintain the restrooms. He was doing his job and minding his own business. Allegedly a man was in the men's restroom smoking and the victim told him he couldn't smoke in the restroom. Allegedly the man didn't like being told what to do and it's reported he came back and shot the worker. If I assume that's true, then I have to ask do people think anymore? Does anyone know what shame is anymore? I have to wonder if the concept of shame is like a relic buried somewhere in our past. But that aside, let us focus on the widow's rights under Chapter 85.

In this instance this wasn't an attack personal to the worker, like a spurned lover; it's unrelated to the worker's personal life, but is related to the work in the sense that the work area places him in a location where he is vulnerable thus increasing the risk of being  the victim of criminal activity; in this case possibly murder. How many of us have wondered about being robbed while in a remote restroom? Need I say more? I say possibly because when this is being written there has been no legal decision convicting the accused of any crime.

Other's whose work puts them in harms way for an injury cause by intentional criminal behavior might include convenience store workers, hotel and motel night clerks working the front desk, exotic dancers, tavern bouncers, maids, security guards, policemen and women, judges, prison guards and other workers that are exposed to the undesirable elements of society in a way that makes them particularly vulnerable of being injured from intentionally harmful conduct.

In this case the widow would be entitled to death benefits under Chapter 85 for as long as she remains unmarried. If she remarries she will get 2 years of benefits paid in one lump sum. Many widows and widowers simply commute the benefits, taking one lump sum payment and move on in life. After all who wants to wonder when this insurance company will figure out a way to stop making the required payments? And that is what I recommend if they are good with money and have some knowledge of investments; commute the benefits and take control of your financial future. Otherwise keep taking the weekly checks because it's easier to be maintained as a lifetime annuity.

In this case Jeffrey McAdams was doing what he was supposed to do, but ended up being in the wrong place at the wrong time; but his widow remains entitled to benefits under Iowa law.

To read more about this case see these news reports. And remember, the accused hasn't yet been convicted and until he is he is presumed innocent.

Suspect in Interstate 80 rest stop slaying turned himself in

...Highway 80 rest area worker turned himself in to authorities, court records show.

from DesMoinesRegister.com - NEWS - Jun 3, 2010 (yesterday)

Authorities find gun used in rest-area slaying

...kill a rest-area worker in the possession of the man accused of the murder.

from DesMoinesRegister.com - NEWS - Jun 2, 2010 (2 days ago)

Nebraskan charged in death of Iowa rest area worker

...Highway 80 rest area near Victor on Saturday night.

from DesMoinesRegister.com - NEWS - May 31, 2010 (4 days ago)

Rest area employee shot and killed near Victor

...of a rest area along Interstate Highway 80 near Victor.

from DesMoinesRegister.com - NEWS - May 30, 2010 (5 days ago)

Worker Talks Motive In Fatal Rest Stop Shooting

...Interstate 80 rest area near Victor.

from KCCI.com - Local News - Jun 1, 2010 (3 days ago)